Are all public funded datasets open by default under GODL license?

[Arun Ganesh]

This question has arisen more than a few times among the OpenStreetMap India community while looking at sources like Bharatmaps (NIC), Bhuvan (ISRO) or Survey of India have published valuable authoritative maps but without any clear licensing terms which makes it unclear if it can be reused.

Per Section 3 of the Government Open Data License - India (GODL):

Following the mandate of the National Data Sharing and Accessibility Policy (NDSAP) of Government of India that applies to all shareable non-sensitive data available either in digital or analog forms but generated using public funds by various agencies of the Government of India, and subject to the conditions listed under section 4 and 7 of this document, all users are provided a worldwide, royalty-free, non-exclusive license to use, adapt, publish (either in original, or in adapted and/or derivative forms), translate, display, add value, and create derivative works (including products and services), for all lawful commercial and non-commercial purposes, and for the duration of existence of such rights over the data or information.

Does this mean that it applies to all non sensitive published datasets from Central Government sources by default even without explicit mention on the website?

Some clarity on how the NDSAP/GODL License applies to published data will be really useful.

Arun

[Abhishek]

Good point. One of the documents on Digital India 2.0 talks about "Open by default". It talk about an open approach for technologies, tools and data. Hopefully this will pave the way for a second version of GoDL.

How about filing an RTI to enquire about this point?

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[sreeram kandimalla]

The question is whether for the current version of GODL is already good enough.

Do we have any legal experts around who can chime in? Or can people suggest any legal experts we can talk to about this?

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[sreeram kandimalla]

To go even further.. Would NDSAP/GODL apply to cases where the data is clearly eligible for it, but the source website terms and conditions say otherwise.. Example: https://censusindia.gov.in/census.website/node/288

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[sreeram kandimalla]

So, I filed an RTI( my first ) regarding this with DST, which after being kicked around between DST and MeitY was rejected saying the questions weren't clear enough. So, I went around looking for more clear questions from people who actually had some clue of how to interpret these things and found this interesting discussion about the same question.  - https://commons.wikimedia.org/wiki/Template_talk:GODL-India#Can_the_user_site_assume_GODL%3F  

The discussion seemed dead without having ever reached a conclusion. But, there was some information there about what to ask for in an RTI and I filed another RTI with those questions, this time I sent it to both the departments and they promptly forwarded it to Ministry of Railways, which then pushed it back to DST. In the end I got a response from the "e-Governance Group under MeitY"

Here is the response I got - 

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1) Is GODL valid if originally used outside of data.gov.in?

Reply:GODL is a Gazette Notified document (https://data.gov.in/sites/default/files/Gazette_Notification_OGDL.pdf) and it does apply on the data sets published under NDSAP and through the OGD Platform.

2) Is GODL valid for data formats outside Section 3.2 of Implementation Guidelines?

Reply:Section 3.2 of NDSAP recommends that data has to publish on OGD platform in data formats prevalent in Government. The data formats outside the above said section are not allowed to be publish on OGD platform. The Government Open Data License (GODL) does apply on the data sets published under NDSAP and through the OGD Platform.

3) Is section 3.2 of Implementation Guidelines actually being bypassed?

Reply:Section 3.2 of NDSAP recommends that data has to publish on OGD platform in data formats prevalent in Government.

4) Is Implementation Guidelines mandatory or best practice?

Reply:The Implementation Guidelines for National Data Sharing and Accessibility Policy (NDSAP) details out recommendations and operational procedures for the purpose of implementation of NDSAP by government agencies.

5) Is GODL assumable by re-users for any Govt work found outside the OGD platform?

Reply: The Government Open Data License (GODL) does regulate the re-use of data sets published under NDSAP and through the OGD Platform.

6) Are works found in Lok Sabha and other legislative/judicial sites assumable under GODL?

Reply: The Government Open Data License (GODL) does apply on the data sets published under NDSAP and through the OGD Platform.

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I would like some opinion on the response to question no: 5.

My interpretation is that the response means yes, you can assume GODL, if the work falls under NDSAP.  But, I feel like I am being stonewalled with grammar and someone parroting the GODL gazette. 

So, can someone with a better grasp of the English language and Officialese interpret this for me?

Thanks,

Sreeram K

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[sreeram kandimalla]

Also another RTI filed asking for the negative lists available with DST for NDSAP got me this response. I thought people here would be interested in knowing. 

[Arun Ganesh]

Thank you Sreeram for taking the effort to clarify this using RTI. 

Small props to the information officer for constructing new sentences for each response instead of copy pasting the same one.

My takeaway is that NDSAP implementation has stalled because there does not seem to be a deadline for departments to create a negative list of datasets. Which further means that one cannot assume GODL.

With spatial data the new geospatial data regulations at least clarifies the negative list. Knowing if we can use the SoI village boundaries under GODL since its unrestricted might be a start and could set a precedent for other SoI datasets. Would asking this through RTI be effective?

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[sreeram kandimalla]

NSDI/DST did say in the second RTI that the negative list they published as part of the new spatial guidelines is their negative list for NDSAP( if that helps ). 

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[Nikhil VJ]

Hi, just for clarification, can anyone who knows abt it pls elaborate on what is meant by "negative list" ?

I'm assuming right now that it means certain datasets that have to be exempted from disclosure due to national security purposes. But if it's different pls tell.

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